Seizure Of Electronic Data: Dawn Raid Inspection Guidance Revised

Seizure Of Electronic Data: Dawn Raid Inspection Guidance Revised

In an era when the vast majority of written communications are made by electronic means, a company's obligations to cooperate with Commission officials in an "antitrust dawn raid" extend to the granting of access to all electronically stored data.  This is emphasised in the Commission's revised guidelines on conduct of "dawn raids," published on 18 March 2013.

Every company is subject to the possibility of an unannounced inspection ("dawn raid") by the European Commission.

Obstruction of a dawn raid can expose a company to fines, irrespective of whether or not it was involved in an antitrust infringement.  In an era when the vast majority of written communications are made by electronic means, a company's obligations to cooperate with Commission officials extend to the granting of access to all electronically stored data.  This is emphasised in the Commission's revised "Explanatory note to an